Article 71 of the Administrative Offences Code of Georgia establishes administrative liability for littering and damaging the forest of Georgia with harmful substances. A forest is one of the most sensitive ecosystems: even a single entry of a harmful substance may cause the drying-out or disease of trees, and restoration takes years. On this page we describe in detail which acts are punished under this article, what fine is provided, how causation and the consequence are established, and what this means in practice for foresters, owners and participants in industrial activity.
What Article 71 determines
Under the norm, the littering and damaging of the forest of Georgia with radioactive, bacteriological, chemical or other harmful substances, radioactive waste, industrial, household or other wastewater, or harmful emissions, which has caused the drying-out or disease of the forest, entails a fine of 1000 GEL. The list is broad and covers both the types of substances and their sources — from waste to wastewater and emissions.
The significance of the consequence — drying-out or disease
The distinguishing feature of this norm is the consequence: liability is formulated for the case where the harmful impact has caused the drying-out or disease of the forest. This does not mean that the entry of a harmful substance into a forest remains without legal consequence — Georgian legislation also contains other requirements connected with harmful substances — but under this article the sanction is linked precisely to the consequence indicated. Drying-out and disease are an objective deterioration of the condition of the forest, and establishing them requires special knowledge — a forestry expert examination.
Whom this norm may concern
In practice Article 71 is applied most often in the following situations:
- the impact of emissions on forest zones adjacent to industrial facilities;
- the discharge of wastewater onto forest territory or its reaching the forest;
- the entry of waste, including household refuse, into a forest;
- the impact of radioactive or bacteriological factors.
In each case the source of the harmful substance, the mechanism of the impact and the forestry qualification of the consequence must be established.
Practical advice
To avoid the fine provided for by Article 71, the following is important:
- control of industrial emissions and wastewater and observance of the established rules;
- strict observance of waste placement rules in relation to forest zones;
- monitoring of facilities operating near a forest and proper record-keeping;
- on the imposition of a fine, verification of the expert conclusions together with a lawyer.
Evidentiary questions and the role of expert examination
The hearing of a case under Article 71 rests on several evidentiary questions. First, the identification of the source of the harmful substance: it must be established which impact precisely — substance, waste, wastewater or emission — entered the forest and to whose activity it is connected. Second, the causal link between the impact and the consequence: the drying-out or disease must have been caused precisely by this impact, and not by another factor — drought, natural disease or the act of another person. Third, the forestry qualification of the consequence: how extensive the damaged territory is and what the degree of the harm is. The establishment of these questions in fact always rests on the conclusions of specialists, and it is precisely for this reason that the verification of the expert materials is the central part of the defence.
Procedural aspects
After a fine is imposed, verify: who drew up the protocol and within which competence; whether the time limits for hearing the case were observed; whether the territory and the harm were recorded by an act; and whether you were given access to the case materials. These elements are determined by the general rules of the Code, and their violation becomes a ground for a complaint. Remember: a fine is lawful only where both the factual and the procedural sides are flawless.
First — a fine always rests on a concrete factual basis: the protocol must reflect what was done, where, when and which rule was breached. Second — a violation of the procedural order is in itself a ground for appeal: time limits, competence and formal requirements are decisive. Third — the right to access the case materials and the possibility of appeal always exist, and they must be used in good time. And fourth — the involvement of a specialist at an early stage often determines the outcome of the case: a detail seen through a lawyer's eyes is an argument that can no longer be found later.
Conclusion
Article 71 protects the forest of Georgia from harmful impact: the littering and damaging of a forest with harmful substances, waste, wastewater or emissions, which has caused drying-out or disease, is punished with a fine of 1000 GEL. This norm shapes the balance between environmental protection and the interests of industrial activity. If you need an assessment of the lawfulness of a fine or of the results of an expert examination, the specialists at Legal.ge will help you.